At this rate, between North Korea, Charlottesville and the climate crisis, it's unclear if America can survive being too much "greater", as the political cartoonists in PDiddie's latest weekly collection illustrate...

On today's BradCast, as a major, mysterious automated Distributed Denial of Service (DDoS) attack took huge Internet sites like Twitter, Netflix and Amazon offline for hours today, Democrats and Republicans, including the President, continue to mislead the public about the vulnerability of our voting, tabulation and voter registration systems. [Audio link to show posted below.]

Just weeks ago, as you'll recall, the U.S. Departments of Justice and Homeland Security were warning of the vulnerability of U.S. election systems to intrusion, manipulation and attack from outsiders (and all but ignoring the more direct threat from election insiders). Now, as Donald Trump has ramped up his claims that the election is being "rigged", Democratic and Republican officials alike are claiming the opposite is true, that "there's no way to rig an election in a country this big". They are either misinformed or lying. Take your pick. Either way, they are misinforming the American people. I explain in detail on today's show.

Speaking of disrupting the election...

• "Unnamed intelligence officials" float yet another warning of how bad actors could cause havoc during the elections in November. (And recentevidence suggests that route would be quite easy.)
• A federal court ordered Ohio this week to allow millions of unlawfully purged voters to be allowed to cast a provisional ballot this November, after the state's Republican Sec. of State Jon Husted (who also claimed this week that the election can't be rigged) fought an earlier court order to restore those voters to the rolls;
• Republicans in Tarrant County, Texas may have violated a federal court order by targeting Democratic polling places with an "EMERGENCY VOTER FRAUD ALERT";
• The state of Utah (Utah!) has been moved into the toss-up category in the Presidential contest;
• Early voting numbers look promising for Democrats;
• Evidence that Donald Trump loved both Bill and Hillary Clinton very recently...at least until he ran for President, started losing "big league" and decided she was a "nasty woman";
• And, finally, the GOP Presidential nominee offered a little noticed admission during the final debate that Democrats have been right all along the necessity of regulations on businesses.

All of that and much more on today's BradCast, as our Shocktober Spooktacular continues...

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On today's BradCast, a self-identified "establishment Republican" pushes back against Donald Trump's claims that the election will be "rigged", but goes on to deny that his own party has promoted the very "voter fraud" conspiracies that the Republican nominee is now exploiting. [Audio link to complete show is posted below.]

Trump has been increasingly strident of late in his rhetoric charging that the election is being "rigged" by "large scale voter fraud" and more. As he does so, his supporters are using more and more violent rhetoric to describe "bloodshed" and even assassination should their candidate fail to win on November 8th. As a disturbing Boston Globe report noted over the weekend, it has now fallen to establishment GOPers to try and calm the increasingly dangerous waters.

Former New Hampshire GOP chairman Fergus Cullen, a self-described 'Never Trumper' who characterizes the increasingly violent rhetoric from Trump supporters as 'very scary', joins us today to rebut Trump's charges about fraud and decry threats of violence by his followers. "He's doing terrible damage to the Republican brand," Cullen says. "Even after he's defeated, he's going to be causing trouble for our party for quite awhile, probably, in terms of how it's identified in the eyes of millions of Americans."

"On election night when Donald Trump is defeated, he's going to have a really important choice. Does he say responsible things that are aimed at accepting the outcome and telling his supporters that they should accept the outcome as well. Or, does he in fact pour gasoline on a fire, and continue the rhetoric that he's been using in the last ten days?"

But later, in the course of our conversation, it took a very bizarre turn. Cullen went on to reject the very premise of the idea that the Republican Party bears some responsibility for the effectiveness of Trump's claims, given the party has loudly forwarded false claims of massive Democratic 'voter fraud', for political gain, for more than a decade. He doesn't think that has happened.

"I don't think there's any argument that, certainly, some Republicans do believe that voter fraud takes place on significant scale enough to affect elections. I don't think the party has been pushing that line," Cullen tells me. As you'll hear, and as you might expect, that notion took me by complete surprise during the conversation. He compares "various conspiracy theories out there" with those from "the black helicopter crowd" and UFO spotters, but says "please don't blame the party for institutionalizing this nonsense."

I remain as gobsmacked here as anyone who has ever spent more than 15 minutes reading The BRAD BLOG or has even watched Fox "News" for about the same amount of time. While I expected to disagree on a few points (including computer tabulators vs. hand-counts in NH, which we discussed as well) and while Cullen was very nice and very generous with his time in joining us today, I'm still stunned that he is actually denying the very existence of the years-long, very well-funded effort by the very top echelon of the national GOP meant to deceive the public about "voter fraud". (See this Special Coverage page and this one for just a tiny taste of their efforts and our decade plus coverage of it. Listen to the conversation and its follow-up segment on today's show for much more.)

Also today: A bit of good news for voters, as a federal court has once again smacked down the state of Florida, this time for a GOP-enacted scheme that would have unnecessarily rejected thousands of absentee ballots; Ohio's Republican Sec. of State continues to fight a federal court order to restore more than a million illegally purged voters to the rolls; And we cover a fresh spate of violent and political terror attacks and plots by Trump-supporting Rightwing extremists against Muslims and others.

And, finally, a few thoughts on the curious case of the weekend firebombing of a Republican Party campaign office in NC...

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On today's BradCast, with just one month to go before Election Day, the fight to vote continues in key swing states like Wisconsin, Ohio and Florida, where millions have been displaced due to Hurricane Matthew on the final weekend before the voter registration deadline.

As the deadly storm sweeps up the Florida coast, knocking out power and leading to evacuations across the state, Florida Gov. Rick Scott (R) refuses to extend the state's voter registration deadline, despite major registration drives planned for this weekend forced to be cancelled due to the state emergency and (perhaps because of) the fact that 50,000 voter registered during the same last minute time-frame in 2012. (Meanwhile, in GOP-leaning South Carolina, Republican Gov. Nikki Hailey has extended the deadline in her state.)

In Wisconsin, voter suppression continues as the state's lie to a federal court about the availability of Photo IDs at DMVs continues to disenfranchise 90-year old women and many others, and, thanks to a new law by state Republicans, thousands of absentee ballots are now at risk of being tossed altogether in the Badger State.

In Ohio, absentee ballots and provisionals are being tossed out for technical reasons in urban areas but not rural areas, and a federal appeals court has, once again, declined to take action. All of that while Trump and Republicans continue to lie about non-citizens votingand as the U.S. Dept. of Justice, for the first time in 50 years, will be unable to deploy hundreds of polling place monitors in states with a history of racial discrimination, thanks to the 2013 gutting of the federal Voting Rights Act by the U.S. Supreme Court.

Finally, in 2008, young Jewish voters worked to turn out their elderly Jewish grandparents for Barack Obama in Florida. In 2016, as a new video illustrates, the tables have somewhat turned...

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We've got several updates on the situation in Charlotte, NC following the police killing of Keith Lamont Scott, including the release of an eyewitness video of the shooting said to be from his wife's cellphone. While the tape is heart-wrenching in and of itself, it also appears to show something that looks like a gun seemingly appearing from out of nowhere on the ground next to the victim's body. As noted on the show, I'm not sure what to make of this. It could somehow be a trick of light, shadows, editing, camera angle or...it might not be a gun at all. Others (NBC's Joy Reid, Rolling Stone's Tim Dickinson) seemed to be wondering about it as well.

See it for yourself in both the New York Times version of the video as well as the NBC News version. (Enlarge the videos and watch the ground to the right of the body, just next to one of the cop's feet from appx 1:43 to 1:44 in the NBC version and appx 2:01 to 2:02 in the NYTimes version. The NBC version is a bit easier to see, since they have crop/zoomed-in the cellphone framing a bit.) Strange. No real comment. So, I'll just leave that here for now. (But, yes, police do get caught planting guns and falsifying police reports.)

Then, in advance of Monday's Presidential debate, a new non-partisan analysis finds the GOP nominee's proposed elimination of ObamaCare and replacement healthcare plan would result in 20 million Americans losing health coverage. We also review his repeated lie that he opposed the Obama/Clinton actions to intervene in Libya and take out Qaddafi (with audio from 2011 in which he declares the opposite in no uncertain terms.)

Next, troubling e-voting and hacking news and new court rulings and cases concerning voter suppression in the states of Ohio, Georgia and Texas. Finally, Desi Doyen joins us for an important Green News Report, as well as some disturbing, recently unearthed remarks from Libertarian Presidential nominee Gary Johnson concerning global warming...

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On today's BradCast, the corporate media fall for yet another Trump Trap, while we focus on crucial court rulings on voting rights in both Kansas and Ohio that could determine who ultimately wins the White House. [Audio link to the show posted below.]

First, the MSM beclowned itself yet again today, This time, giving free live coverage to the opening of Donald Trump's new hotel and endorsements from some military members, as the Republican nominee eventually offered lies about his 'birther' claims, in which he has spent years attempting to de-legitimize President Obama as an American and all other African-Americans along with him.

That same de-legitimization effort is at work from Republicans around the country attempting to make it harder and often impossible for certain voters (Democratic-leaning ones, disproportionately African-American) to cast a vote in the upcoming election.

This week we saw court rulings, both good and bad, on that front in both Kansas and the crucial battleground state of Ohio under their voter-restricting Republican Secretaries of State Kris Kobach and Jon Husted, respectively. On today's program we review those court decisions and their effect on the electorate as national polling now reflects a virtual tie between Trump and Hillary Clinton nationally, with the Republican nominee having taken a narrow lead in the Buckeye State, and 538.com giving Hillary Clinton just a 57% chance of winning if the election were held today.

Also today: Bernie Sanders urges potential third-party voters to vote for Hillary Clinton instead; Stephen Colbert offers a "polite reminder"; the Commission on Presidential Debates announced that Libertarian Gary Johnson and Green Party nominee Jill Stein will not be invited to join the first debate; And, finally, Desi Doyen joins us to try and cheer everybody up with the latest Green News Report. (We wish her luck!)

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On today's BradCast, while the Democratic Party and the mainstream corporate media may have moved on --- and Elizabeth Warren may feel ready to be Commander-in-Chief if tapped as Vice President --- there are millions of still-untallied ballots in the state of California. Meanwhile, in the key Presidential swing-state of Ohio, Democrats are being disproportionately purged from the voting rolls by state Republicans in advance of the 2016 general election. [Audio link posted below.]

Yes, democracy actually still matters, and that includes counting the ballots of all the legal voters who wish to vote, counting them accurately, and in a way that we can know they have been counted accurately. While we've been reporting this week, often exclusively, on the huge number of still untallied ballots --- both Provisional and Vote-by-Mail ballots --- here in Los Angeles County, ever since Tuesday's Presidential Primary, new data now reveals the totals are even higher than we've so far reported, both in L.A. and across the state. With some 3.5 million ballots now tallied in the Democratic Primary, and a 500,000 vote (appx. 13%) margin for Hillary Clinton over Bernie Sanders, there are still some 2.5 million ballots that have yet to be tallied at all. We discuss what that means and why it matters on today's program.

We also discuss the necessity of taking action on issues that effect elections before your candidate is announced as having lost one. While it's a message we've been shouting from the rooftops at BradBlog.com and on The BradCast for more years than we care to remember, perhaps Sanders supporters will now take note and action. And perhaps Clinton supporters will join them now, rather than waiting until the media declare President-elect Trump has sewn up the race. As one of the cell phone companies used to say: Can ya hear me now?

Speaking of taking action before it's too late, it appears that the state of Ohio is purging voters from the rolls at an alarming rate. Specifically, Democratic-leaning voters in urban areas won by Obama in 2008 and 2012 are being purged at a disproportionate rate to more Republican voters in suburban, whiter areas. To date, more Democratic-leaning voters have been removed in the state's three largest counties in OH than Obama's margin of victory in the state in 2012. Can ya hear me yet?

But, there is also some good news for voting rights and democracy advocates out of the Buckeye State on today's show, as a federal judge has found this week that a number of election reforms enacted by the Republican state legislature and signed by its Republican Gov. John Kasich in 2014 are unconstitutional. That good news, however, comes a bit too late for those voters who had their otherwise legitimate provisional ballots unconstitutionally rejected, thanks to those GOP provisions. Naturally, the state's Republican Sec. of State Jon Husted plans to appeal the federal court's ruling.

Finally today, Desi Doyen joins us with the latest Green News Report which, as luck would have it, includes a number of encouraging new laws passed this week to help save the environment, underscoring once again that, yes, elections really do matter. You can hear us now by simply clicking on one of the links below. Enjoy!

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On today's BradCast, the Bernie Sanders campaign files for a 'recanvass' of Kentucky's exceedingly close May 17th Democratic Primary; Some very good news for voters out of a federal court in Ohio; And an explanation for why Democrats in California should be thanking the Vermont Senator for staying in the race through the Golden State's Presidential Primary on June 7th. [Audio link to show is posted below.]

First up, as Washington state Republicans hold their Primary today (with no surprises expected, even as we explain how one could occur), we report on the breaking news of Sanders' request for a "recanvass" in Kentucky, where Hillary Clinton reportedly defeated him by just 1,924 votes --- less than one-half of 1% out of nearly half a million votes cast --- last week, according to the computer-tallied results. We explain how a "recanvass" is decidedly different from a "recount", and how it remains the case that, thanks to the number of votes cast in the Bluegrass State on 100% unverifiable touch-screen voting systems, we can never actually know who the voters really preferred there. The "recanvass", scheduled for this Thursday, is unlikely to change that or the reported results, as it will largely be little more than a review of the already-existing electronic tally.

Then, a federal court in Ohio finds the shortening of the Early Voting period and "Golden Week" (a period of time when Buckeye State voters used to be able to both register to vote and cast a ballot on the same day) by state Republicans, is in violation of Section 2 of the Voting Rights Act as well as the 14th Amendment of the U.S. Constitution. The U.S. District Court has ordered those days to be restored for the General Election, even as this case and a number of others filed by Democrats and voting rights advocates around the country may be headed to the U.S. Supreme Court, where the vacancy that Republicans refuse to fill is likely to result in continuing chaos and confusion over U.S. voting rights.

Next, I'm joined by David Atkins of Washington Monthly, to discuss at least two reasons why, despite so much whining from Democratic Party establishment apparatchiks, it remains very important for Democrats, both in California and nationally, that Sanders remains in the Presidential race at least through the party's Primary on June 7. Atkins explains how the contest has helped lead to skyrocketing voter registrations for Democrats out here and, as importantly, how the state's "Top Two" primary system could results in disaster for a number of U.S. House races if Dem turnout is depressed. Sanders, Atkins argues, is doing the party a tremendous favor by staying in and continuing to fight the good fight.

He also goes on to ring in on the internecine battle between Sanders and Clinton supporters and on whether he believes the party will ever be able to survive its latest outbreak of (sometimes "messy") democracy.

Finally, Desi Doyen joins us for the latest Green News Report, which includes, among much more, evidence that, while Donald Trump claims to believe climate change is a "hoax", his very own companies believe otherwise...

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Did someone or something flip election results last week in Ohio's statewide ballot initiative Issue 3 to legalize marijuana? We try to get to the bottom of that question --- and many others --- on today's BradCast. (Audio is linked below.)

As initially reported by Ohio's Bob Fitrakis and Harvey Wasserman, and later by Steve Rosenfeld, screenshots captured from several different media outlets on Election Night last week show what appear to be impossible results on both Issue 3 and on Issue 1, a ballot measure for redistricting reform in the Buckeye State.

For example, according to screenshots from Dayton's WHIO-TV website, as published in the Fitrakis, Wasserman and Rosenfeld articles, Issue 3 reportedly had 969,662 "Yes" votes with 39% of precincts reporting. But later in the night, with 45% of precincts, there were only 614,866 "Yes" votes on Issue 3. That's a seemingly impossible drop of more than 300,000 votes in the initiative that is said to have ultimately failed, according to the unverified election night results reported by the OH Sec. of State.

Similarly, screenshots of results on Issue 1, which ended up reportedly passing, saw "No" votes drop impossibly from 990,555 to 486,596 later in the evening.

What explains these numbers? I spoke to Matt McClellan, Communications Director for Ohio Sec. of State John Husted (R) earlier today. He says that WHIO and the other media outlets whose screenshots were cited by Fitrakis, Wasserman and Rosenfeld, were all Cox Media outlets and "the problem was on their end."

"Someone was manually entering data," McClellan told me. "When they noticed the mistake, they made a correction." He went on to say that the Secretary of State's website had no such discrepancies or irregularities throughout the evening. His office does not take their own screenshots throughout the night, so we can't confirm that either way, at the moment, though McClellan says the office "went back and double-checked to make sure" after the issue was initially reported.

In response to the Sec. of State office's assertions (we offer more detail on them during the show), Fitrakis shared pre-election tracking poll results with me, that suggest the marijuana initiative should have passed, rather than lost, by a 2 to 1 margin. "Tracking polls suggest more that [results] were flipped than not flipped," he told me today. Fitrakis was is skeptical of the explanation from Husted's office, while adding that if Cox is manually entering results on the fly on Election Night, "then they need to stop, because it's absurd."

For the record, our calls to try and confirm the OH SoS' claims with WHIO and/or Cox Media have not yet been returned. But, again, much more detail during the program.

While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!

As we've noted many times over the years, problems with voting systems on Election Day don't necessarily come to light until after Election Day --- sometimes months (or even years) after --- and they are frequently marginalized as little more than "hiccups, glitches, snags and snafus," by election officials and media alike when they do occur, rather than the outright failures that they actually are.

Today, however, in a number of states where elections are being held around the country, problems with electronic pollbooks, rather than voting machines themselves, seem to be popping up early and are resulting in voters walking away without having been able to cast a vote.

Here are a few examples today out of Virginia, Texas and Ohio, so far (emphasis ours)...

A deal announced today by Ohio's Secretary of State may help avoid some of the legal nightmares that plagued the Buckeye State's 2014 elections. While the legal settlement [PDF] restores some of the early voting access Republicans have been attempted, for years, to impose, it also leaves other rollbacks to voting reforms passed after the state's 2004 Presidential nightmare in place.

MSNBC's Zach Roth explains the agreement between Ohio's Republican Sec. of State and the ACLU, which had sued on behalf of the Ohio NAACP and League of Women Voters last year to block new GOP cuts to polling place access:

The deal, announced Friday morning between Secretary of State Jon Husted, a Republican, and the ACLU, undoes some but not all of the damage to voting access caused by last year's cuts. It restores one day of Sunday voting and adds weekday evening hours, but lets stand the elimination of a week when Ohioans had been able to register and vote all in one day.

Both sides hailed the new agreement --- hopefully ending a years-long, roller-coaster legal battle --- as a victory for voters, though Roth added on Twitter that the deal, overall, seemed to be more of a victory for the GOP than for voting rights advocates. Elections expert Daniel Smith is a bit more optimistic about it today, noting that it's "a much bigger deal to have extended hours" and Sunday "Souls to the Polls" voting restored, even as the ACLU, for its part, concedes the settlement is "far from perfect"...

Yes, Ohio Republicans are still barred from limiting the early voting period and still required to restore the days and hours they had, yet again, tried to cut off. At least they are barred, again, for now.

On Wednesday, a unanimous three-judge panel of the U.S. 6th Circuit Court of Appeal issued a 50-page ruling [PDF] in which it upheld a lower court's preliminary injunction from three weeks ago that prevented Ohio’s Republican Secretary of State John Husted from implementing a Feb. 19, 2014 GOP-engineered statute, and his own further Directive, which would have drastically reduced the number of early voting days and hours and eliminated same-day registration and voting during the first five days of a previously established 35-day period of early voting in the Buckeye State.

Reflecting the fact that he anticipated an adverse ruling, Ohio's Republican Attorney General Michael DeWine filed an Emergency Appeal for a Rehearing [PDF] by the full 6th Circuit, on the very same day the three-judge panel handed down their decision. His appeal presents essentially the same arguments that have now, repeatedly, been rejected by the courts, first in a 2012 case, Obama for America v. Husted, and now, again, in Ohio State Conference of the NAACP v. Husted...

COLUMBUS, Ohio -- A federal judge today ruled that cuts to early voting in Ohio must be restored in time for the November election. The American Civil Liberties Union is challenging a state law and directives that have dramatically slashed early voting opportunities in Ohio. The ACLU was in court last month to ask the judge to restore the cuts prior to full trial, in time for the midterm election.

"This ruling will safeguard the vote for thousands of Ohioans during the midterm election," said Dale Ho, director of the ACLU's Voting Rights Project. "If these cuts had been allowed to remain in place, many voters would have lost a critical opportunity to participate in our democratic process this November. This is a huge victory for Ohio voters and for all those who believe in protecting the integrity of our elections."

Today's ruling restores the first week of early voting, often referred to as "Golden Week," in which voters are able to register and cast a ballot on the same day. It also restores evening early voting, as well as multiple Sundays.

The ruling includes a temporary injunction on the Republican-enacted state law and on additional new restrictions on voting hours implemented by its Republican Sec. of State John Husted, finding the regulations are in violation of both the Equal Protection Clause of the U.S. Constitution's 14th Amendment, as well as Section 2 of the Voting Rights Act which bars racially discriminatory voting laws in all 50 states.

Berman notes, in regards to today's ruling, that "In 2012, 157,000 Ohioans cast ballots during early voting hours eliminated by the Ohio GOP" and that African-American voters in the state "voted early in person at a rate over twenty times greater than white voters," according to the Lawyers' Committee for Civil Rights.

The expansion of early voting in Ohio was implemented following the disastrous 2004 elections there when many voters --- largely in minority areas --- were forced to wait for 6 hours or more to cast a vote under restrictions implemented by then partisan Sec. of State and co-chair of Bush/Cheney '04 Inc., J. Kenneth Blackwell. The last ballot cast in the Buckeye State that year, when the state's electoral votes would determine the Presidency, was around 2am on Wednesday morning at Kenyon College, where some students had waited on line as much as 10 hours to vote.

The new GOP restrictions cut many of the additional voting opportunities instituted in 2005, which had otherwise led to a fairly smooth election under Democratic Sec. of State Jennifer Brunner in 2008, as she described to us during an exclusive interview in 2012.

Early Absentee voting numbers had doubled between 2004 and 2008 after the expansion of voting hours, as a quick glance at the numbers starkly demonstrates...

Apparently, swinging and missing on three separate occasions is not enough to get either Ohio's Republican Governor John Kasich or its Republican Secretary of State John Husted to walk away from the plate.

After U.S. District Court Judge Peter Economus issued an August 2012 preliminary injunction that forced the Buckeye State to restore early voting for the three days preceding the November 2012 Presidential Election, Husted found it necessary to apologize to the court for what appeared to be a contemptuous directive to the state's 88 county Boards of Election that they not establish hours for voting on those days, pending the state's appeal of the preliminary injunction. Strike one!

In early October 2012, a unanimous three judge panel of the U.S. 6th Circuit Court of Appeal ruled against Husted, expressly sustaining every aspect of Judge Economus' August 2012 decision. Strike two!

That same month, the U.S. Supreme Court summarily rejected Husted's request for an emergency stay. Strike three!

Undaunted, in Feb. 2014 Gov. Kasich signed into law a new elections bill that failed to correct the previous disparate deadlines for in-person voting, allowing military voters to vote on the last days before the election, but nobody else. Husted then issued a directive that provided for early voting between 8:00 a.m. and 4 p.m. on Saturday, Nov. 1, 2014, but failed to provide for any voting hours on either Sunday, Nov. 2 or Monday, Nov. 3 --- despite the still-existing law allowing military members to cast their vote those days.

As it happens, African-American churches have traditionally used early voting on the Sunday before elections as "Souls to the Polls" day to help get out the vote. In turn, Republicans in Ohio have been working hard to end early voting on the Sunday before election day.

In his original 2012 ruling, Judge Economus held that all Ohio voters had a "constitutionally protected right to participate in the 2012 election --- and all elections --- on an equal basis." That is why he declared the effort to limit early voting to only active duty military members on the weekend before the election to be an unconstitutional violation of the Equal Protection Clause of the U.S. Constitution.

This year's latest gambit led to the issuance last week of a Permanent Injunction [PDF] on the Republican scheme, pursuant to which Judge Economus has ordered the recalcitrant Ohio Secretary of State [emphasis added] "to set uniform and suitable in-person early voting hours for all eligible voters for the three days preceding all future elections." Strike four?

Amusingly, rather than attempting to violate the court order this time around, SoS Husted is pretending that all of this is simply what he wanted all along, declaring in a statement (via the "Election Law Blog"), issued after losing again in court last week: "I am pleased that the federal court has affirmed what I have long advocated --- that all voters, no matter where they live, should have the same opportunity to vote. Thankfully, uniformity and equality won the day."

Also, up is down, black is white, and John Husted is a great champion of voting rights.

* * *

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Earlier today, Brad Friedman reported in detail on the uncertified, "experimental" software patches that Ohio's Secretary of State Jon Husted (R) had secretly contracted [PDF] with Election Systems & Software, Inc. (ES&S) to create and install at the very last minute onto electronic central vote tabulation systems in 39 Ohio counties, encompassing more than 4 million Buckeye State voters.

We noted that Bob Fitrakis, one of the Ohio journalists at the Columbus Free Press who had initially broken the story late last week, was planning to file a legal complaint and temporary restraining order in hopes of blocking the use of the mysterious, untested software on the ES&S central tabulation systems in those counties.

Late tonight, just hours from the official opening of Election Day polls in the Buckeye State tomorrow, we obtained copies of both the complaint [PDF] and the motion for a temporary restraining order [PDF] which have now been filed in the U.S. District Court for the Southern District of Ohio, Eastern Division and where oral argument has been scheduled for tomorrow morning, Election Day, at 9am local time before Judge Gregory L. Frost, a George W. Bush appointee...